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Podcast Recommendation: The Thing about Pam

I love a good podcast. They’re perfect for diving into a story or learning about something new while driving, walking, or just chilling on a quiet weekend morning. Don’t worry. I’m not here to suggest an estate planning podcast. (While I would queue that up, not many people share my affinity for the nuances of trusts and estates.) However, Dateline NBC‘s new podcast, “The Thing About Pam” does involve some estate planning aspects. I don’t want to give away the true-crime plot as it’s super interesting and definitely a bit spooky, which is fitting for Halloween, but life insurance policies play a major role in a few ways.

The Thing About Pam

the thing about pam

Allegedly, a victim was killed just four days after changing the beneficiary to her life insurance premium (around $150,000). Furthermore, an elderly woman with dementia supposedly fell off a balcony and the beneficiary received around $100,000 from the senior citizen’s life insurance. Perhaps not so coincidently, the same person was the beneficiary of both life insurance policies⁠—and both policyholders died under suspicious circumstances.

Life insurance was also used at a suspect’s homicide trial as one of the main motives for premeditated murder.

For fans of true crime tales, there’s a lot to unpack in this podcast and for Iowans, in general, it’s a good reminder about the role life insurance beneficiary designations work with your estate plan.

Don’t Forget About Beneficiary Designations

Quick Lowdown on Life Insurance

Life insurance is a vehicle for non-probate wealth transfer. This means that life insurance passes outside of probate (the legal procedure by which a decedent’s estate is distributed) to the beneficiary named on the policy. Multiple persons can be named, but generally, most policies don’t allow for class beneficiaries such as “my children” or “my nephews.”

Life insurance can be a great tool to provide estate liquidity and achieve estate planning goals such as passing along a family allowance for surviving spouses and dependents. Life insurance can provide debt relief, income replacement, and be a step toward wealth accumulation. Additionally, proceeds are paid to beneficiaries income tax-free!

Where life insurance can get complicated or leave intended beneficiaries named elsewhere in estate planning documents without remedy is where the policyholder passed away and left someone no longer a part of their life as a named beneficiary.

6 Simple Tips for Beneficiary Designations

For instance, let’s say Annie had named her ex-husband Bob as her life insurance beneficiary back before they got divorced. Divorce does not automatically remove an ex from the policy. Because most life insurance policies are revocable (meaning the policy owner could change the beneficiary at any time) Annie could have changed the beneficiary designation, but for whatever reason forgot to. Consequently, Bob takes the life insurance money, despite the fact that Annie, at the time of her death, would have likely preferred to name someone else (like her brother Cam or niece Deb) on the policy. and then died without ever changing it.

Smart Estate Planning

In the world of wills and trusts, planning ahead means planning for many different scenarios to ensure that your property passes to who you want when you want. Of course, no one (like the victim in the recommended podcast) tends to think their life insurance policy will be part of litigation (or a criminal murder case for that matter), but that’s why it’s important to enlist an estate planner who can analyze the whole picture, not just individual pieces.

Estate Planning Basics: What You Need to Know, but Were too Bored to Ask

I offer a free estate planning consultation as well as this free estate plan questionnaire to help you get started on the important set of legal documents. I’d also love to hear what you think about the podcast and get your recommendations for other great series to listen to! Contact me via email or by phone at 515-371-6077.

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Back to School: Economics of Charitable Gifts of Life Insurance

This month we’ve gone “back to school” with lessons related to GFLF’s core services. I’m glad the title didn’t scare you away, because, let’s be honest, economics class was always a little intimidating. But, fear not! The economics of charitable gifts of life insurance are easy to understand because it means mutual benefits for both you, as the donor, and your fave charity.

It may sound weird at first, but making a charitable donation of your life insurance policy can make for a valuable, tax-wise gift. Plus, there are multiple ways to successfully make a gift of life insurance fit in with your charitable giving goals.

A donor can:

  1. Make a lifetime gift of a life insurance policy;
  2. Name a charity as the beneficiary of a life insurance policy death benefit; and/or,
  3. Take donations that would have made to the favorite charity, use this money to pay premiums toward a life insurance policy, and ultimately leverage the cash into a much larger gift.

Lifetime Gift of Policy

A donor can transfer ownership of a life insurance policy to charity during lifetime. To accomplish the transfer, the donor must complete a change of ownership form that is typically available from the insurance company.

If the policy is not paid-up, the charity will need to maintain the policy until the insured individual’s death to receive the policy benefit. A charity may request that a donor make additional cash gift to cover the ongoing premium payments.

A donor will be making an immediate charitable contribution equal to the fair market value of the policy at the time of transfer. If the donor is taking a federal charitable income tax deduction of $5,000 or more, the donor must obtain a qualified appraisal by a qualified appraiser.

life is short do stuff that matters

Life Insurance Death Benefit

A beneficiary designation is used to specify who the beneficiary of the life insurance policy will be. A beneficiary designation is usually revocable during the donor’s lifetime and it becomes irrevocable at death. A gift specified in a beneficiary designation will not come into effect until the insured individual’s death.

Latest Iowa Lawyer Issue: Read GFLF’s Article on Irrevocable Life Insurance Trusts

Form of Gift

A donor can specify that a charity will receive a percentage of the total death benefit (e.g., 5% of the total death benefit) or a specific dollar amount.

Tax Consequences

A life insurance policy that is owned by the donor will usually be included in his or her estate for estate tax purposes.  The donor will receive an estate tax charitable deduction for amounts that are transferred to charity at death, saving federal estate taxes. (Admittedly, a tiny percentage of Americans are wealthy enough to even have to worry about estate taxes).

What the New Tax Law Means for Your Estate Plan

A Great Planning Opportunity!

A gift of life insurance may allow a donor to leverage available cash to provide a more significant gift to charity than might otherwise be available. For example, a donor might pay $5,000 a year in premiums to purchase a $300,000 life insurance policy that benefits charity. In this situation, the donor’s charitable gift may be far greater by purchasing an insurance policy than if he or she contributed the $5,000 cash to charity each year.

Classic Example

A gift of a life insurance policy can be a good fit for donors who have existing policies that are no longer needed. The classic scenario would be policies purchased while kids were little, as time goes by, now donor has sufficient other assets to provide for children, or children are now adults and no longer require financial help in the event of the death of a parent.

Retirement Benefit Plans and Charitable Giving

Let’s Talk About How to Make This Giving Option Work For You!

Everyone’s financial, tax, estate planning, and charitable giving situation is unique. It’s highly recommended you consult with an estate planner and/or charitable giving expert so you don’t hit any accidental pitfalls! I offer a free one-hour consult, so don’t hesitate to contact me to get your smart tax-wise gift happen.

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3 Ways to Use Your Retirement Benefit Plans to Help Your Favorite Charities

Retirement Benefit plans helping charity

Much of Iowans’ wealth can be found in retirement benefit accounts, like IRAs, 401(k)s, 403(b)s, and so on. Funds from retirement benefit plans can be easy and tax-savvy ways for you to support your favorite causes and organizations!

IRA Charitable Rollover

The Individual Retirement Account (IRA) charitable rollover allows individuals aged 70.5 years of age and older to donate up to $100,000 from their IRAs directly to charities, without having to count the distributions as taxable income. This gift transfer is called a qualified charitable distribution (QCD).

To be clear, there are two threshold requirements to take advantage of the IRA charitable rollover. The first is that to be eligible you must be 70.5 years of age or older. An important nuance to note is the required annual distribution is based on the year the participant reaches age 70.5, not the day they reach that age.

The second threshold requirement is the IRA charitable rollover applies to IRAs only. Under the law, charitable gifts can only be made from traditional IRAs or Roth IRAs. The IRA charitable rollover does not apply to 403(b) plans, 401(k) plans, pension plans, and other retirement benefit plans.

What about younger donors, or people who have different, unique, kind of retirement benefit plans? There are at least a couple of good alternatives to consider.

Retirement Benefit Plans and Charitable Giving

Required Minimum Distributions

Generally, an account holder must start taking Required Minimum Distributions (RMDs) after age 70½. And, sometimes, much younger folks must take RMDs when they inherit a retirement benefit account. If you’re already having to take RMDs, why not use those funds to support your favorite charity?

There is a (pretty severe) tax penalty if you withdraw funds from a retirement benefit plan too early. But, generally speaking, individuals over 59½ years of age may withdraw funds from retirement plans without any penalty. So, in such cases, a donor can withdraw funds, make a gift with these funds, and then claim an offsetting federal income tax charitable deduction. Keeping in mind that every donor’s situation is unique, in the clear majority of such cases, a charitable gift made in this manner would at the least be tax neutral for the donor.

Back to School Math Lesson: Wonderful Numbers of the IRA Charitable Rollover

Beneficiary Designations

No matter what age, no matter what type of retirement benefit plan, there is a very easy way for you to help your favorite charity. Simply name the charity as the beneficiary!

It’s been my experience that many folks don’t consider or realize they can make a meaningful gift by naming a nonprofit as the beneficiary of IRA, 401(k), 403(b), or another plan. This is simple and does not require drafting a will or testamentary trust. (It is true that if the account holder is married, the spouse should be informed and may have to consent to gift).

Don’t Forget About Beneficiary Designations

Keep Beneficiary Designations Current

This is a good time for a  reminder to check your beneficiary designations not only on your retirement benefit plan but on ALL such accounts or funds. Savings accounts, checking accounts, mutual funds, stock portfolios, annuity contracts—all these have beneficiary designations (also sometimes called “payable on death” or “transfer on death”). Are your beneficiary designations current? Or is there an ex-spouse still named as a beneficiary on your IRA? Make sure to keep your beneficiary designations current, and while doing so, consider naming our favorite nonprofits as beneficiary. Your gift could make a tremendous difference.

6 Simple Tips for Beneficiary Designations

Contact Me

Of course, there’s always much more to be discussed when it comes to charitable giving. I would love to hear your ideas and charitable giving goals. Don’t hesitate to contact me by phone at 515-371-6077, or email, Gordon@gordonfischerlawfirm.com.

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What We Talk About When We Talk About Estate Planning

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Gordon Fischer Iowa City At Desk-Estate Plan

Estate planning.

Not exactly material for scintillating conversation. In fact, I’d bet most of us like to avoid this topic because it can be confusing, and requires lots of decision-making. And, well, yes, it forces one to think about one’s own mortality. Estate planning, after all, is a roadmap about what you want to happen after you move on from this life. While it may not be a fun topic, it is indeed a necessary one.

Estate plan: you almost surely need one

Almost everyone needs some kind of estate plan. If you’re young, healthy, unmarried, have no children, and have no significant or unusual assets…perhaps you could talk me into the idea that you don’t entirely need an estate plan. Even in such (rare) cases, I strongly recommend making sure your beneficiary designations are completed and up to date (for example, on your bank/credit union savings accounts and retirement benefit plan). But, if you are married, and/or have kids, and/or have significant or unusual assets, and/or own part or all of a business, you most definitely need an estate plan!

Baby in arms of dad

What IS an estate plan, anyway?

What do we talk about when we talk about estate planning? There are six documents that should be part of most everyone’s  estate plan. Plus, you should keep them updated and current. Also, don’t forget about assets with your beneficiary designations. For most Iowans, that’s good – six documents, keeping them current, and also remembering about those assets with beneficiary designations.

Sure, estate planning is complicated, but not that complicated. I’ll show you.

Six “must have” documents of your estate plan

There are six documents that should be part of most everyone’s estate plan:

  1. Estate planning questionnaire
  2. Will
  3. Power of attorney for health care
  4. Power of attorney for finance
  5. Disposition of personal property
  6. Disposition of final remains

We’ll go through each document briefly, so you have a sense of what each entails.

Estate Plan Questionnaire

Estate planning involves facing heavy questions, and depending on the amount of assets and beneficiaries you have, may take quite a bit of time and thought. I recommend clients (and even those who aren’t my clients) complete an estate plan questionnaire.

An estate plan questionnaire is an easy way to get all of your information in one place, and it should help you understand and prioritize estate planning goals. (I must also admit a questionnaire makes it easier for your attorney to build your estate plan!)

As with any project, it helps “to begin with the end in mind.” A questionnaire can help get you there.

Last Will and Testament

Now let’s get to the will. The will is the bedrock document of every estate plan, and it’s a little more complicated than other documents.

With your will, you’ll be answering three major questions:

  1. Who do you want to have your stuff? A will provides orderly distribution of your property at death according to your wishes. Your property includes both tangible and intangible things. (An example of tangible items would be your coin collection. An example of an intangible asset would be stocks.)
  1. Who do you want to be in charge of carrying out your wishes as expressed in the will? The “executor” is the person who will be responsible for making sure the will is carried out as written.
  1. Who do you want to take care of your kids? If you have minor children (i.e., kids under age 18), you’ll want to designate a legal guardian(s) who will take care of your children until they are adults.

Power of Attorney for Health Care

Assorted pills

A power of attorney for health care designates someone to handle your health care decisions for you if you become unable to make those decisions for yourself. This essentially gives another person the power to make decisions on your behalf. For example, if you don’t want to be kept alive with machines, you can clearly outline that in your power of attorney for health care. But keep in mind that power of attorney for health care isn’t just about end-of-life decisions – it can cover any medical situation.

Power of Attorney for Finances

The power of attorney for financial matters is similar, only your designated agent has the power to make decisions and act on your behalf when it comes to your finances. This gives them the authority to pay bills, settle debts, sell property, or anything else that needs to be done if you become incapacitated and unable to do this yourself.

It might be obvious by now, but I’ll say it just in case: choosing an agent for a power of attorney requires that you think long and hard about who would be best suited for the job and who you trust.

Disposition of Personal Property

Now, let’s get to the disposition of the personal property. This is where you get specific about items you want particular people to have. If you’re leaving everything to one or two people, then you may not need to fill this out. But, if you know you want your niece Suzie to have a specific piece of jewelry, and your nephew Karl to have that bookshelf he loved, then you’d say so in this document.

Disposition of Final Remains

We come to the disposition of final remains. This document is where you get to tell your loved ones exactly how you want your body to be treated after you pass away. If you want a marching band and fireworks shooting your ashes into the sky (that’s a thing, by the way), then this is where you make it known. It can be as general as simply saying “I want to be cremated,” or it can be specific and include details of plots you’ve already purchased or arrangements you’ve already made.

Choose your Final Resting Place & Maybe Plan a Party

Keep updated and current

OK, so you’ve gone to an estate planning lawyer, and these six “must have” estate planning documents have been drafted and signed. What else? You need to keep these documents updated and current.

If you undergo a major life event, you may well want to revisit with your estate planning lawyer, to see if this life event requires changing your estate planning documents.

What do I mean by a major life event? Some common such events would include:

  • The birth or adoption of a child or grandchild
  • Marriage or divorce
  • Illness or disability of your spouse
  • Purchasing a home or other large asset
  • Moving to another state
  • Large increases or decreases in the value of assets, such as investments
  • If you or your spouse receives a large inheritance or gift
  • If any family member, or other heir dies, becomes ill, or becomes disabled

This is just a short list of life events that should cause you to re consider your estate plan. There are many others.

Happy Pi Day: The One Constant in Estate Planning is Change

Don’t forget about your beneficiary designations

There are six “must have” estate planning documents, plus you need to keep them current. Also, don’t forget about your beneficiary designations. For example, savings and checking accounts, life insurance, annuities, 401(k)s, pensions, and IRAs are all transferred via beneficiary designations. These beneficiary designations actually trump your will.

Regarding assets with beneficiary designations, you must make sure that designations are correctly filled out and supplied to appropriate institution

What other documents might you need resides these six “must have” estate planning documents?

For most Iowans, probably the vast majority, what I’ve outlined above is enough. There may be folks who have more that $5 million in assets, or who have complex assets (for example, more than one piece of real estate), or own part or all of a robust business, or otherwise have unusual situations. In such cases, a trust may be helpful. But that will be more “advanced” estate planning. What I’ve described above is an excellent start.

See? That wasn’t so bad!

Glasses on estate planning documents

There it is in a nutshell. This is what goes into an estate plan.

Whether it’s complicated or simple, it does require some thought and time. But, it’s worth the investment – a proper estate plan can save you and your estate costs and fees; help your family and friends; and provide you peace of mind.

Perhaps most importantly, through proper estate planning, you can help your favorite charities in ways large and small. Really, without estate planning, it’s not possible, at your death, to help nonprofits you care about.

Begin today

Why not start right now on your own plan for the future with my free estate plan questionnaire? It’s provided to you free, without any obligation. I would love to discuss your estate plan with you; reach out at any time by email, gordon@gordonfischerlawfirm.com, or cell phone, 515-371-6077.

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